Retaining Walls Disputes - Land Owners
WHERE DO YOU STAND AS A LANDOWNER?
There are two scenarios to consider:
A landowner who possesses a holding wall that backs his neighbour’s higher land is liable to an inferred (unless it is explicitly expressed in a deed) easement and owes an obligation of help to his neighbour’s territory; See Jason Edworthy Party Wall FAQs!
A landowner who possesses a holding wall that holds the back of his land in place is under a general duty of care to keep up the divider in such a condition, to the point that his property is kept from falling onto his neighbour’s lower land.
WHO IS LIABLE FOR COSTS?
It is typically when a holding divider (on a limit) falls into deterioration that its possession comes into question.
Both one of the landowners needs to cover the cost of repairing the wall, and everyone observes a chance to compel his neighbour to attempt the work.
WHEN TO INVOLVE SURVEYORS?
The circumstance ought not to emerge if the deeds of one of the two properties are particular as to responsibility for holding the wall.
It is the point at which the acts are noiseless that an examination of the situation of the boundary is required.
HOW DOES PARTY WALL ACT WORK?
An investigation can just succeed if the deeds consist of an exceptionally clear and exact depiction of the boundaries.
Regularly the act and plan are imprecise to the point that it is conceivable to decide the situation of the edge to just a decimetre (100 mm).
This might be sufficient to determine that the divider is on the limit however deficient to find out on which side of the boundary its stands.